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01 September 2019 | Story Lacea Loader | Photo Stephen Collett
Chief Justice Mogoeng Mogoeng
From the left: Prof Prakash Naidoo, Vice-Rector: Operations at the UFS; Justice Mogoeng Mogoeng, Chief Justice of the Republic of South Africa; and Prof John Mubangizi, Dean: Faculty of Law at the UFS.

    Watch the full prestige lecture HERE.


“The government of the day should be based on the will of the people and must be led by people who deserve to lead us.” These were the words of Justice Mogoeng Mogoeng, the Chief Justice of the Republic of South Africa, during a prestige lecture delivered in the Faculty of Law on the Bloemfontein Campus of the University of the Free State (UFS) on 30 August 2019.

In addressing the topic of ‘Transformative Constitutionalism’, Chief Justice Mogoeng Mogoeng said this simply meant that the constitution was used as a tool to change or move a family, society, institution or the nation from an unacceptable to a more desirable position. He added that constitutionalism can be enhanced through ethical, courageous, and visionary leadership.

“There is a belief that judges should have nothing to do with matters of politics. I agree, but only to a certain extent. Judges are supposed to deal with political issues, as they interpret the constitution and the law. It is inescapable in a South African context. Some say that judges should only speak through their judgments. I've always said that our constitution is political in nature.”

“The preamble of our Constitution says this country belongs to all who live in it, but to what extent have we allowed our Constitution to achieve these objectives? A constitution does not implement itself. It takes people with a particular mindset and conviction. Transformation demands from the public to ensure that government is truly based on the will of the people,” he said.

According to the Chief Justice, South Africa needs strong and well-resourced institutions – including a strong judiciary. Institutions must be vigilant for any form of abuse of power and capture. Institutions cannot only be captured by external forces. They can be captured internally as well.

Another crucial element is education and the quality and condition of higher education at every level. “Our school system must allow the youth who are coming from high school to be able to adapt with ease when they get to university.”

“We need people who truly love their country to assume positions of power. Transformative constitutionalism is all about giving expression in a practical way. We should look at solutions for our country based on compromise that can bring us together as South Africans.”

He paid tribute to people such as former President Nelson Mandela, Mama Albertina Sisulu, and Adv Bram Fischer, who opted for the greater good of many, rather than personal satisfaction and gain. “South Africa belongs to all – not some – who live in it, united in our diversity. Are you prepared to serve the state? Do you love this nation? Go out there and pursue social justice. Don't buy things from thieves just because they are cheap. You are encouraging crime.”

“We can't continue this way and expect a different outcome. It is not too late; go out there and contribute towards building the South Africa that we can be proud of,” he concluded.

Hosted by Prof John Mubangizi, Dean of the UFS Faculty of Law, the prestige lecture was attended by approximately 800 guests, comprising senior members of the Supreme Court of Appeal, the Free State Division of the High Court, the university’s executive management, the Faculty of Law, staff members, students, and members of the public.

The Prestige Lecture Series was originally known as the Law Deans’ Prestige Lecture Series and was initiated by the late Prof Johan Henning, former Dean of the UFS Faculty of Law. The series started in 2011 as an initiative to encourage, develop, and expand academic discourse on topical jurisprudential issues and other related matters. Previous lectures were delivered by, among others, Prof Barry Rider from the University of Cambridge in the UK; Justice Richard Goldstone, formerly of the Constitutional Court of South Africa; former Deputy Chief Justice Dikgang Moseneke; and more recently, Judge President Dennis Davis.

News Archive

Middle East activists speak about peace on the Bloemfontein Campus
2012-03-15

 

Bassem Eid (left) and Benjamin Pogrund discuss the situation in the Middle East.
Photo: Johan Roux
15 March 2012

Peace is a big word in the Middle East, particularly amongst Israelis and Palestinians. After years of conflict, people yearn for peace; they want an end to the killings and the uncertainty. The problem is that both sides are actively doing things that undermine the prospect of peace. There is also double talk, lies and evasion with each side pointing fingers. This was the word from Benjamin Pogrund, an Israeli peace activist, addressing staff and students on the Bloemfontein Campus of the University of the Free State. He and fellow peace activist Bassem Eid, a Palestinian, visited the campus to speak about the situation in the Middle East.

Both men agreed that peace efforts were hindered by the Israeli and the Palestinian leaders. According to Pogrund, neither the Palestinians, nor the Israelis are leading the way in accepting that the conflict must end.
 
“Both Israeli and Palestinian leaders say let us get together with no pre-conditions. Then the Israeli leaders say, Jerusalem we cannot share, that is not for negotiation. And, they say to the Palestinians you must recognise Israel as a Jewish state. So, what they say is unless you agree to these pre-conditions there can be no talks without pre-conditions.
 
“And the Palestinians in turn say the settlement construction must cease immediately, and unless that happened, there is no point in meeting. And they say we will never acknowledge you as a Jewish state so do not even bother talking about it. And we insist on the right of return of Palestinian refugees. So they also say unless you acknowledge these pre-conditions there is no point in meeting with our pre-conditions. So as you can gather each side blames the other side, each side points the finger and says you are responsible for the lack of progress.”
 
Pogrund said both the Israelis and the Palestinians could demand legitimacy in that part of the world.
 
“Both Jewish and Arabs can say we have history on our side. We have religion on our side, culture.”
 
To compare Israel to Apartheid South Africa is wrong, he said.
 
“It is an occupation, it is repression, but it is not Apartheid.”
 
Eid, who is the director of the Palestinian Human Rights Monitoring Group, said the Palestinians were close to having a complete independent Palestinian state from 1994 to 1999.
 
“But in one rocket former Israeli Prime minister Ariel Sharon destroyed it.”
 
He said Israel’s disengagement from the Gaza Strip in 2005 did not bring political unity.
 
“We, the Palestinians, were supposed to start building the infrastructure of the Gaza Strip but unfortunately Hamas started dancing on that Israeli disengagement and considered it as their own success because of their military resistance against the occupation.” He also said Hamas is satisfied with its hold in the Gaza Strip and Fatah is also very satisfied with its hold in the West Bank. According to Eid, it is convenient for the Israelis that the Palestinians are separated.

 

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